Difference between revisions of "Custody and Access"

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Custody and Access (view source)

Revision as of 23:52, 20 July 2017

164 bytes removed ,  23:52, 20 July 2017
→‎Factors in access awards
(linked to R.T v. R.D. 2017 BCCA re: "maximum contact" principle)
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<blockquote><tt>In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.</tt></blockquote>
<blockquote><tt>In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.</tt></blockquote>


This subsection has come to be known as the maximum contact principle, for the obvious reason. However, the idea that the nature and extent of a spouse's time with the child must be consistent with the child's best interests is just as important as the idea that the child should have as much contact with each parent as is possible. It is not in a child's best interests to have extensive visits with a parent who is abusive, trash-talks the other parent, has poor parenting skills, is addicted to drugs or alcohol, or has a history of being uninvolved in the child's life.
This subsection has come to be known as the ''maximum contact principle'', for the obvious reason. This principle is not absolute, however. As the Court of Appeal in [http://canlii.ca/t/h420f ''R. (T.) v. R. (D.)''], 2017 BCCA 203 recently explained, the maximum contact principle is "tempered by the fact that contact must still be in the child's best interests." For example, it would not be in a child's best interests to have extensive visits with a parent who is abusive, trash-talks the other parent, has poor parenting skills, is addicted to drugs or alcohol, or has a history of being uninvolved in the child's life. If a parent's past conduct is relevant to their ability to act as a parent, then that past conduct may be considered.
 
The maximum contact principle is tempered by the fact that such contact must be in the child’s best interests. Similarly, a parent’s past conduct may be taken into consideration where it is relevant to the ability to act as a parent. See: [http://www.courts.gov.bc.ca/jdb-txt/ca/17/02/2017BCCA0203.htm ''R. (T.) v. R. (D.),''].  


The following are some of the factors the courts will consider in making an order for access.
The following are some of the factors the courts will consider in making an order for access.
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